How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21687
Experience:  Handle criminal matters in both state and federal courts.
10707909
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

A few college kids were caught with a small amount of marijuana

Resolved Question:

A few college kids were caught with a small amount of marijuana on campus in delaware. They were given citations and charged two counts_one for drug possession and one for paraphenalia possession. They were told sometimes these cases are dismissed before trial and sometimes they go before a justice of the peace. what will the states attorney consider in whether to refer a case or dismissing it? What role does the justice of the peace have? How is the role different than a judge? Will the boys need counsel to represent them?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Samuel II replied 11 months ago.
Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

In Delaware, the Justice of the Peace is the same as a District Court Commissioner in Maryland or a Magistrate say in Georgia. They handle small infractions of this nature to keep the courts from clogging

The DA may dismiss the charges but more than likely they would place them on an Inactive Docket, or a deferred adjudication which means they would be on a probation period and as long as there are no more charges OF ANY KIND for ANY REASON then these charges can be removed from the courts records.

However, if they do not successfully complete the probation, then this matter would be prosecuted
Customer: replied 11 months ago.
Thank you. If they do defee_how long wld the case stay on the inactive docket? What is the timeframe they're looking for for them to go withought any infractions? 2 years? 5 years? Also is a case on an i informal docket considered a formal charge?
Expert:  Samuel II replied 11 months ago.
Hello

That is generally for the duration of the Statute of Limitations to prosecute and that being a misdemeanor crime would be

A prosecution for a class B misdemeanor, a class C misdemeanor, an unclassified misdemeanor or a violation must be commenced within 2 years after it is committed.


Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21687
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 7 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.


If the case is not deferred and does in fact go to a hearing, what would be the penalty? Would they need an attorney to defend them?

Expert:  Samuel II replied 11 months ago.
Hello

The possible penalty includes up to 6 months in jail and a fine Not to exceed $1000

The problem is a misdemeanor conviction on their record

If is always best to at least consult with a local attorney when there is a possibility of jail time
Customer: replied 11 months ago.
Do you have any data on how these cases have been handled in delaware in the past for first time offenders?
Expert:  Samuel II replied 11 months ago.
Hello

That is not available to me online, unfortunately. However, you can call the clerk's office and see if they will run that information for you.

As I stated, normally there is a deferred judgment in these matters with young adults caught up for a first offense.
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21687
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 7 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.


The young man received a court date for an arraignment in two weeks. What should he expect? What does he need to be prepared for? Should he take counsel to the arraignment?

Expert:  Samuel II replied 10 months ago.

Hello

At the arraignment he will be asked for his plea. I suggest he will want to plea Not Guilty until he can confer with a local attorney to help out with a plea bargain that will not include jail time

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21687
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 7 other Criminal Law Specialists are ready to help you
Customer: replied 8 months ago.


The young men have been referred for an alternative program in Delaware where they will be required to undergo testing for several months. There's a drug court hearing secheduled for next week, what happens during the hearing?

Expert:  Samuel II replied 8 months ago.

Hello

Of. Great. The Diversion Drug Court Program will be explained. At the hearing they will waive their right to a jury trial and agree to plead guilty with the stipulation that upon the successful completion of the Diversion Program, which is in essence a probation where they will have to go to substance abuse awareness classes and perform community service , the guilty pleas will be rescinded. That means that the conviction will not appear as a guilty and it will show as it have been dismissed.

There programs can last 90 days and there is a $150 fee

At the end of the 90 days the guilty plea is removed


Here is a list of what the diversion probation will include

1. (A) Complete an alcohol-education or drug-education class, and (B) attend a treatment program for alcohol or drug dependency if directed to do so by the Court’s probation department;

2. Complete 20 hours of community service under the direction of the Court’s probation department;

3. Report to the probation department as scheduled, and notify the probation department about any address changes and any events that affect the participant’s ability to complete the program;

4. Refrain from committing any other criminal offense or any drug-related or alcohol-related traffic offense while participating in the program;

5. Submit to drug or alcohol testing whenever directed to do so by the probation department, and agree that any failure to submit to those tests or any illegal drug or alcohol use while in the program will result in the defendant’s removal from the diversion program;

6. Pay the $150.00 supervision fee, pay the cost of the appropriate drug or alcohol class, pay the cost of any drug or alcohol assessment

They will also have to then to continue in Drug Court to be monitored as to the progress with the program

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21687
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 7 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.